Page No.# 1/4 GAHC010254212024 2025:GAU-AS:3876 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3635/2024 BHASKAR KALITA S/O LATE AKHIL KALITA R/O HOUSE NO. 3, C/O GOLAP SAIKIA GANGA PATH, ANANDAPUR, P.S. DISPUR, DIST. KAMRUP (M), ASSAM PERMANENT ADDRESS- VILL- NITYANANDA BONGAIGAON, P.S. PATACHARKUCHI, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. A. MEDHI, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 02.04.2024 Heard Ms. A. Medhi, learned counsel of the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor representing the State respondent. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of regular bail to the accused/petitioner who has been languishing in jail hazot since 03.11.2024 in connection with Dispur P.S. Case No. 1193/2024, registered under Sections 20(A)/21(C)/22(b) of NDPS Act. Ms. Medhi, learned counsel for the petitioner, submitted that the accused/petitioner is innocent and has been in custody since 03.11.2024. She further submitted that, as per the FIR, it has been alleged that 33.84 grams of heroin was found in the possession of the petitioner, along with 16 tramadol tablets, weighing approximately 80 grams as per the seizure list. She contended that the quantity of cannabis allegedly found in the possession of the petitioner is only 647 grams, which falls under the category of small quantity. Therefore, she prays for the privilege of regular bail, considering the petitioner’s length of detention and the nature of the offence. Furthermore, she submitted that the petitioner, being a local resident, is willing to provide a genuine surety if granted bail. She also submits that the petitioner is ready and willing to cooperate with the Investigating Officer in the same is allowed. On the other hand, Mr. Das, learned Public Prosecutor, submitted that there are sufficient incriminating materials against the accused/petitioner and Page No.# 3/4 that the contraband was recovered from his conscious possession. He further submitted that the quantity of contraband recovered includes 33.84 grams of heroin, 16 tramadol tablets (approximately 80 grams), 647 grams of ganja, and 70 vials used for drugs, weighing around 105 grams. While the recovered contraband does not fall under the category of commercial quantity, he submitted that the FSL report is yet to be received and the investigation is still ongoing. Considering the submissions of both learned counsels, I have perused the case record. Without delving into the merits of the case and taking into account the length of detention already undergone by the accused/petitioner i.e. since 03.11.2024, I am of the view that the I.O got ample opportunity to interrogate the accused/petitioner while in keeping him in the custody. Accordingly, further custodial interrogation of the accused/petitioner does not appear to be necessary in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Kamrup (M), Guwahati, the accused/petitioner, namely, Bhaskar Kalita, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and Page No.# 4/4 (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Kamrup (M), without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant